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1) A GILGUL OATH BY MONEY

(a) Question: This shows a Gilgul oath by prohibitions - from where do we learn a Gilgul oath by monetary cases?
(b) Answer (Tana d'Vei R. Yishmael): We learn a Kal va'Chomer: 1 witness cannot make a Sotah swear, yet when she swears, Gilgul applies;

1. In monetary cases, 1 witness can force someone to swear - all the more so, Gilgul applies!

(c) Question: This applies when the primary monetary oath is in response to a definite claim - how do we learn Gilgul when the primary oath is to offset a doubtful claim?
(d) Answer (Beraisa - R. Shimon bar Yochai): The Torah spoke of oaths outside (the Mikdash, i.e. monetary oaths in Beis Din) and oaths inside (the Mikdash, i.e. Sotah); just as we do not distinguish definite claims from doubtful claims regarding (Gilgul in) Sotah, also regarding money.
(e) Question: How far may one force an oath through Gilgul?
(f) Answer (Rav Yehudah): Reuven may even force a man to swear that he is not Reuven's slave.
(g) Objection: Reuven would be excommunicated for suggesting that!

1. (Beraisa): If Reuven calls Shimon (a Yisrael) a slave - he is excommunicated; if he calls him a Mamzer, he receives 40 lashes; if he calls Shimon wicked, Shimon may ruin Reuven's income.

(h) Answer: He means, Reuven may force a man to swear that he is not Reuven's Hebrew slave.
(i) Question: That is a proper monetary claim, why is it considered the extent of Gilgul?
(j) Answer: Rava holds that a master bodily owns his Hebrew slave, so it is not as an oath on Metaltelim.
(k) Question: It is as a normal oath on land - it is no more a Chidush than the Mishnah!
(l) Answer: One might have thought, one can force a Gilgul oath on land, since it is often sold quietly;

1. But word spreads about sale of slaves, if the claim was true, we would know!

i. We hear, this is not so, he may make him swear.

(a) (Mishnah): Anything which is used as money to buy something else, once one party acquires, the other party suffers any loss to the object he bought (i.e. the transaction is complete).

1. For example: If an ox was exchanged for a cow, or a donkey for an ox, once one party gets his animal, the other suffers any loss to the other animal.

(b) (Gemara): Coins are used to buy things - our Mishnah says that coins can be used as Chalipin!
(c) Rejection (Rav Yehudah): No - the Mishnah means, anything that must be appraised when used to buy something, once one party acquires, the other party suffers any loss to the object he bought.

1. Support: The Mishnah gives examples - an ox was exchanged for a cow, or a donkey for an ox.

(d) Question: According to the first reading of the Mishnah, how were these examples understood?

1. Answer: The Mishnah teaches, not only vessels can be used as Chalipin - for example, if an ox was exchanged for a cow, or a donkey for an ox, once one party gets his animal, the other suffers any loss to the other animal.
2. This is as Rav Sheshes, who says that Chalipin does not need to be with a vessel.
3. Question: Rav Nachman holds that only vessels make Chalipin - how could he explain the Mishnah?
4. Answer: The Mishnah teaches, money sometimes makes Chalipin - if one exchanged the value of an ox (already bought but not paid for) for a cow, or the value of a donkey for an ox.
5. Question: Why does this work?
6. Answer: This is as R. Yochanan, who says that mid'Oraisa, money acquires Metaltelim;

i. Chachamim said that Meshichah works (and not money), as a decree, lest damage will come to the property still in the seller's domain, and he will not be zealous to save it;
ii. Chachamim only decreed in common cases, not when one buys with credit from a previous sale.

7. Reish Lakish holds that we learn Meshichah by Metaltelim from the Torah. If he holds as Rav Sheshes, he can explain the Mishnah as Rav Sheshes.
8. Question: If he holds as Rav Nachman, how can he explain the Mishnah?
9. Answer: He must hold as Rav Sheshes.

(a) (Mishnah): The acquisition of (and from) Hekdesh is with money;
(b) Saying 'I give this to Hekdesh' is (an acquisition) as handing it over to a regular person.
(c) (Gemara - Beraisa) Question: How does Hekdesh acquire with money?
(d) Answer: If the Gizbar (treasurer of Hekdesh) gave money to buy an animal, even if it is not here, Hekdesh acquires it;

1. A person would not acquire it until he did Meshichah.

(e) Question: How is saying 'I give this to Hekdesh' as handing it over to a regular person?
(f) Answer: If he says 'This ox is a burnt-offering', or 'this house is Hekdesh' - even if the ox or house is not here, it takes effect;

1. A person would not acquire until he did Meshichah on the ox or Chazakah on the house.